Sims v. Louisiana et al

Filing 14

MEMORANDUM ORDER re 12 Amended Complaint filed by Gary Sims: Within thirty (30) days after service of this order, SIMS IS DIRECTED to complete two summons forms and one USM-285 form for each defendant, attach each set of documents to a copy of the original complaint, and send those packets of documents (one packet per defendant) to the: Deputy Clerk of Court, United States Courthouse, 611 Broad Street, Lake Charles, LA 70601. THE CLERK IS FURTHER DIRECTED to provide the prepared packets to the United States Marshal for service on the defendant identified in the summons. Signed by Magistrate Judge Kathleen Kay on 12/3/2015. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

GARY SIMS

:

CIVIL ACTION NO. 15-cv-2466

VERSUS

:

JUDGE MINALDI

STATE OF LOUISIANA ET AL.

:

MAGISTRATE JUDGE KAY

MEMORANDUM ORDER

Before the court is an amended civil rights complaint pursuant to 42 U.S.C. § 1983 [doc.
12] filed in forma pauperis by pro se plaintiff Gary Sims (“Sims”) against employees of the Region
6 Department of Children & Family Services – Office of Community Services (“DCFS-OCS”)
and a private citizen. Specifically, he names as defendants DCFS-OCS agent Melissa Ross, DCFSOCS agent Dawn Sahualla, DCFS-OCS agent Ann Ellender, DCFS-OCS agent Allison Weckerly,
DCFS-OCS general counsel Nick Pizzolatto, and Jessica Prudhomme White (“White”).
Sims was granted the opportunity to amend his first complaint. Doc. 9. By amendment
[doc. 12] he still fails to allege sufficient facts to support a conspiracy between DCFS-OCS agents
and White. We have therefore recommended that the claims against White be dismissed, as she
cannot otherwise be held liable under § 1983. However, we find that the amendment sufficiently
addresses prior deficiencies in pleading relating to the other defendants named above to survive
our frivolity review under 28 U.S.C. § 1915. See Bradley v. Puckett, 157 F.3d 1022, 1025 (5th Cir.
1998).
Therefore, in order for this court to determine what action to take in this matter,

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THE CLERK IS DIRECTED to serve a copy of this memorandum order, two (2)
summons forms and one (1) USM-285 form for EACH defendant: (1) Melissa Ross, (2) Dawn
Sahualla, (2) Ann Ellender, (3) Allison Weckerly, and (4) Nick Pizzolatto, upon Sims at his last
known address.
Within thirty (30) days after service of this order, SIMS IS DIRECTED to complete two
summons forms and one USM-285 form for each defendant, attach each set of documents to a
copy of the original complaint, and send those packets of documents (one packet per defendant)
to the: Deputy Clerk of Court, United States Courthouse, 611 Broad Street, Lake Charles,
LA 70601.
THE CLERK IS FURTHER DIRECTED to provide the prepared packets to the United
States Marshal for service on the defendant identified in the summons.
All parties shall have the responsibility of promptly reporting to the court and to all
other parties any change in their mailing address. Failure to do so shall be considered
grounds for dismissal under LR 41.3.
THUS DONE AND SIGNED in Chambers this 3rd day of December, 2015.

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